May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
necessary and proper clause
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The Founders as Mythology0
- September 7, 2014
Recently when commenting on how Americans view the Founding, an associate of mine observed that in many people’s minds the Founders had become mythological rather than historical figures. That is, many people routinely ascribe ideas and actions—both good and bad, wise and stupid—to them that have little to do with historical reality or even human
READ MORENo, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention0
- August 23, 2014
A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution and revere the Founders. Yet the spokesman trashed the Constitution’s framers for allegedly exceeding their authority and claimed they added a provision that largely rendered another provision useless. In other words, the spokesman charged the
READ MORENew Article: Government's Obligation To Be Impartial0
- August 8, 2014
The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is
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New Article: Government’s Obligation To Be Impartial0
- August 8, 2014
The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is
READ MOREHow Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.0
- July 20, 2014
In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty, could exceed the enumerated powers to which the Constitution otherwise restricts it. For example, if a treaty requires a signatories to make it a crime to use a particular chemical, may Congress pass a law
READ MORETown of Greece Case Returns the Establishment Clause To Its Original Meaning0
- May 15, 2014
Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v. Galloway, a widely-discussed decision on the Establishment Clause of the First Amendment. This week, I’ll put the decision in context. The meaning of the Establishment Clause (“Congress shall make no law respecting an establishment of
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